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Assessment Letter · MCU20/0125

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Thursday, 12 November 2020

Our Ref: 20178 / Office: Sunshine Coast



           NOOSA COUNCIL
           PO BOX 141
           TEWANTIN QLD 4565

           ATTENTION: The Chief Executive Officer



Dear Sir

LODGEMENT OF DEVELOPMENT APPLICATION
MATERIAL CHANGE OF USE APPLICATION FOR A DWELLING HOUSE

1089 COOTHARABA ROAD, COOTHARABA
LOT 7 ON SP142413


Please find enclosed Development Application for Material Change of Use in respect to the above site.

In support of the application, please find attached:

    •      DA Form 1;
    •      Landowners Consent;
    •      Architectural Plans prepared by Sprout Architects.

It is understood that an application fee of $2,242.00 is applicable for the proposed development
application. This will be paid upon receiving a reference number and invoice from council.


SUBJECT SITE

The site comprises an area of 399,825.9m2 and is currently vacant land. The site has a road frontage to
Cootharaba Road of approximately 198m. The site contains some existing mature vegetation to the
north and rear of the subject site. This vegetation is mapped as significant at both local and state level.

The topography of the site consists of a gradual slope towards the north-eastern boundary and the
stream located to the rear of the site.


PROPOSED DEVELOPMENT

This application seeks a development permit for a Material Change of Use to establish a Dwelling
House at the above-mentioned site.

The proposed dwelling comprises of a single storey, low-rise built form that is generally responsive to
the topography of the subject site. The dwelling comprises of 4 bedrooms, media room, office and a
large living space that looks out towards an outdoor terrace to the rear of the dwelling. The dwelling is
provided with a 3 car garage that is connected to the main dwelling via a roof.
Full text of the other 6 pages

Page 2

A separate 3-bay farm shed is provided north-west of the subject dwelling the storage of vehicles
associated with the maintenance of the property.

The proposed development comprises a total site cover of 1,093m2 or 0.27% of the total site area and
comprises setbacks to the boundaries as follows:

                                 Boundary                   Setback
                                    North                    100m
                                    South                     23m
                               East (Frontage)               180m
                                 West (Rear)                 677m

Access to the premises is to be provided via Cootharaba Road. The proposed driveway is
approximately 218m in length and 5m in width, allowing for the vehicle passing. Additionally, over
170m of the propose driveway is to be predominately straight, supporting a high level of visibility for
vehicles entering and existing the site.

The proposed dwelling is to be provided with a rainwater tank of at least 60,000L and an effluent
disposal system capable of servicing the sewerage demands of the premises.


STATE PLANNING INTERESTS

The Planning Regulation 2017 (the regulation) sets out assessment benchmarks which are additional or
alternative to the Assessment Benchmarks contained in the local planning instruments. These
Assessment Benchmarks are prescribed as being contained in:

    •   The SEQ Regional Plan and Part E of the State Planning Policy, to the extent that they are not
        appropriately integrated into the planning scheme; and

    •   Schedule 10 of the Planning Regulation 2017.

As the Noosa Plan 2020 only came into effect on 31 July 2020, matters relevant to the SEQ Regional
Plan and Part E of the SPP are considered to be appropriately integrated into the planning scheme.
Additionally, from review of Schedule 10 of the regulation and the State Assessment and Referral
Agency (SARA) mapping, it is determined that the proposed development is not subject to any
additional assessment.

On this basis, it is determined that the proposed development is consistent with all relevant state
planning interests.


NOOSA PLAN 2020

Under the Noosa Plan 2020, the subject site is included in the Rural Zone.

Definition

Under the planning scheme, the proposed development is defined as follows:

    “ Dwelling House” - means a residential use of premises involving—
        a) one dwelling for a single household and any domestic outbuildings associated with the
            dwelling; or
        b) one dwelling for a single household, a secondary dwelling and any domestic outbuildings
            associated with either dwelling.

Page 3

Level of Assessment

Within the Rural Zone, the proposed dwelling house is accepted development subject to compliance
with the relevant acceptable outcomes under the Rural Zone Code and Low Density Housing Code.
Review of these codes has determined minor non-compliances with some of the outcomes of the
Rural Zone Code. Accordingly, the proposed development is subject to Code Assessment.


Overlays
Under the planning scheme, the site is identified to be subject to the following overlays:

    •   Acid Sulfate Soils Overlay;
    •   Agricultural Land Overlay;
    •   Biodiversity, Waterways and Wetlands Overlay;
    •   Bushfire Hazard Overlay;
    •   Flood Hazard Overlay;

The proposed dwelling is located on land outside of land subject to the above overlays, with the
exception of the Agricultural Land Overlay. Assessment relevant to the Agricultural Land Conservation
Area is undertaken as part of the Rural Zone Code below.

Minor vegetation clearing is proposed within the road reserve directly fronting the subject site for the
establishment of a new driveway crossover. The provision of this driveway is conditioned as part of
associated approval RAL20/0016 and is located to minimise the extent of clearing required. Works
associated with the establishment of the driveway is defined as operational works and is not proposed
as part of this development application. Operational works may be lodged under a different cover, if
necessary.


Development Codes

As specified above, the proposed dwelling house has only noted non-compliance under the relevant
outcomes of the Rural Zone Code, with outcomes under the Low Density Residential Zone either
compliant or capable of being conditioned to comply. Assessment against the outcomes of the Rural
Zone code has been undertaken below:

   Performance Outcomes               Acceptable Outcomes                      Compliance
 PO2                              AO2.4                             Compliant with Performance
 Development does not result      No sensitive land use is          Outcome
 in the loss or diminished        established closer than 200       All land adjoining the subject site
 productive    capacity   of      metres from land on an            is within the Rural Zone and
 Agricultural           Land      adjacent property included in     mapped as Agricultural Land
 Conservation Area.               the Rural zone and mapped as      Conservation Area. The proposed
                                  Agricultural Land Conservation    dwelling is located 20m from the
                                  Area as shown in Agricultural     southern property and approx.
                                  Land Overlap Maps in schedule     180m from the northern site.
                                  2.                                Accordingly      the     proposed
                                                                    dwelling is unable to comply with
                                                                    AO2.4.

                                                                    With regard to compliance with
                                                                    PO2, it is determined that the
                                                                    surrounding land is unable to
                                                                    establish rural land uses within
                                                                    proximity to the subject dwelling
                                                                    due to existing sensitive land uses
                                                                    located on the sites. Particularly,

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                                                                      the Rural Activities Code specifies
                                                                      that proposed animal husbandry
                                                                      and intensive animal industry uses
                                                                      should be over 150m from
                                                                      sensitive land uses. Accordingly,
                                                                      the existence of dwelling houses
                                                                      on     adjoining    land   already
                                                                      prohibits the establishment of
                                                                      these land uses.

                                                                      Based on the above, it is
                                                                      determined that the proposed
                                                                      dwelling is compliant with PO2.
PO7                               AO7.1                               Complies
Buildings       and       other   Buildings are no more than          The proposed dwelling comprises
structures:                       two storeys in height.              a maximum height of 2 storeys.
a) are low rise;                  AO7.2                               Compliant
b) minimise the appearance        With the exception of Class 10      The proposed dwelling comprises
    of bulk to adjacent           buildings or structures used        a maximum building height of
    properties,     roads    or   exclusively for a rural activity,   7.15m.
    other areas in the vicinity   buildings and structures are no
    of the site; and              more than 8 metres in building
c) respect the scale of           height providing that they may
    surrounding vegetation        be up to 9 metres where the
    and              maximises    pitched roof but no other part
    opportunities to retain       of the building or structure
    existing vegetation on        exceeds 8 metres.
    site.                         AO7.3                               Compliant
                                  With the exception of Class 10      The proposed dwelling house
                                  buildings or structures used        comprises a gross floor area of
                                  exclusively for a rural activity,   486m2.
                                  individual buildings or roofed
                                  structures do not exceed
                                  500m2 gross floor area.
PO8                               AO8.4                               Compliant
Notwithstanding            that   In      addition      to     the    The proposed dwelling comprises
intensive rural activities may    circumstances of AO8.1, to          a minimum boundary setback of
need greater separation           AO8.3 above, buildings and          20 meters to all boundaries.
distances, buildings and          structures meet the following
other       structures      are   minimum boundary setbacks:
appropriately      sited   and    a) 20 metres from a property
designed to:                           boundary of adjoining land
a) avoid        environmental          in    the     Environmental
    harm or nuisance to                management              and
    sensitive     land    uses,        conservation zone;
    including           adverse   b) a distance greater than the
    impacts      on     amenity        width of the riparian buffer
    values, over and above             area        shown        on
    what could reasonably be           Biodiversity,    Waterways
    expected in the rural              and     Wetland     Overlay
    zone;                              maps;
b) avoid adverse impact on        c) 10 metres from a road
    ecologically      important        frontage; and
    areas including National      d) 10 metres from the side
    Parks, watercourses, and           and rear boundaries or 6
    wetlands;                          metres where the lot area
c) mitigate risks associated           does not exceed 1 hectare,

Page 5

   with the use of chemicals          with the exception that if
   or air pollutants; and             the height of the building
d) avoid conflict with rural          or structure exceeds 9
   uses and activities on             metres the setback to the
   adjoining properties.              side and rear boundaries is
                                      equal to twice its height in
                                      metres.
                                  AO8.5                               Compliant with Performance
                                  On properties over 2 hectares       Outcome
                                  in area, a distance of not less     As specified above, the proposed
                                  than 200 metres is provided         dwelling is located a minimum of
                                  between a sensitive land use        20m from surrounding land, of
                                  and land on an adjacent rural       which is within the rural zone and
                                  zone property over 4 hectares       mapped as within the Agricultural
                                  in mapped Agricultural Land         Land       Conservation       Area.
                                  Conservation Area.                  Accordingly,     the      proposed
                                                                      dwelling does not comply with
                                                                      AO8.5

                                                                      With regard to compliance with
                                                                      PO8, it is determined that the
                                                                      most relevant point is (d), which
                                                                      relates to conflict with rural uses.
                                                                      As stated above, where related to
                                                                      compliance with PO2, it is
                                                                      determined that the surrounding
                                                                      land are already unable to
                                                                      establish rural land uses in
                                                                      proximity to the subject site.

                                                                      Accordingly,     the    proposed
                                                                      dwelling house is not considered
                                                                      to be impacted by rural land uses
                                                                      on adjoining land and compliance
                                                                      with PO8 is determined to be
                                                                      achieved.
PO12                              AO12                                Compliant
Development and associated        Development and associated          All works associated with the site
site works do not directly,       site works, including filling and   are free from identified flood
indirectly or cumulatively        excavation are designed and         prone land.
cause      adverse      impacts   constructed to ensure overland
external to the development       flow and/or flooding is not
site by:                          worsened,       impeded,       or
a) causing       ponding     of   otherwise diverted to adversely
     water;                       affect other properties.
b) increasing         flooding,
     which adversely affects
     the safety or use of any
     land    upstream      and
     downstream;
c) adversely affecting the
     flow of water in any
     overland flow path.
PO13                              AO13                                Not Applicable
Development        does    not    Development    on      land
detract from the scenic           adjoining the major road
amenity of the hinterland as      network, Lake Macdonald or

Page 6

 experienced from the major         the Noosa River system
 road network or waterways.         minimises visual impacts on
                                    the scenic amenity of the
                                    roadway or waterway by:
                                    a) sensitive siting and design
                                        of buildings, structures,
                                        driveways and works;
                                    b) retaining              existing
                                        vegetation;
                                    c) incorporating       landscape
                                        treatments to visually
                                        screen        and      soften
                                        development; and
                                    d) incorporating         building
                                        materials and external
                                        finishes        that       are
                                        compatible with the site’s
                                        visual     character      and
                                        landscape setting.
 PO15                               AO15.1                               Compliant
 The landscape character and        To protect scenic amenity and        The site is not subject to sloping
 visual amenity quality of hill     other landscape qualities,           of greater than 25%.
 slopes and ridgelines are          buildings,     structures     and
 retained and buildings and         associated accessways are not
 structures:                        constructed on land with a
 a) are visually responsive to      slope greater than 25%.
     the natural topography         AO15.2                               Not Applicable
     of the site, sitting within    On sloping sites or on
     the landscape rather than      ridgelines at the uppermost
     dominating it;                 edge of a hill slope:
 b) step down slopes or use         a) roof lines are generally
     suspended              floor       parallel with contours of
     construction, minimising           the land;
     cut and fill and avoiding      b) roofs do not exceed a
     benching of the site;              pitch of 15 degrees; and
 c) allow for retention of          c) buildings do not protrude
     natural vegetation that            above the height of
     assists in screening or            prevailing vegetation.
     visually          softening    AO15.3                               Compliant
     development; and               Cut or fill is less than 1.5         The subject site does not
 d) incorporate        materials,   metres in depth relative to          comprise of any significant slope
     finishes and colours that      natural ground surface.              and will not require significant
     complement the natural                                              earthworks to establish the
     setting and integrate                                               proposed dwelling.
     with the landscape and
     skyline.


CONCLUSION

The dwelling has been located as to be free from all natural hazards. The development does not
impact on mapped vegetation on site and does not pose any additional impact upon the agricultural
significance of land within proximity of the subject site. It is determined that the proposed dwelling
house achieves compliance with all performance outcomes under the Rural Zone and Low Density
Housing Codes.

Page 7

As such it is determined that approval of the proposed dwelling house is warranted. Should you have
any questions with respect to the above, please do not hesitate to contact me direct.


Yours faithfully
PROJECT URBAN




Glen Wright
Director
Email: [email protected]

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